Upon being taken into custody for allegedly attempting to murder two people, he appeared healthy, said Josef Roy Benedict, AI’s Deputy Director – Campaigns at the Southeast Asia and Pacific Regional Office. “The later set of photographs showed his body disfigured by torture.”
AI stressed that it was high time Malaysian authorities wake up to such flagrant human rights violations. “They must finally establish an independent police oversight body to impartially, efficiently, thoroughly, and transparently investigate human rights violations,” said Benedict. “For far too long, the families and victims of police violations have failed to receive justice and reparations.”
The Malaysian authorities’ failure to hold anyone accountable for the death in custody of Dharmendran raises serious questions about their commitment to ending serious human rights violations, added AI in the statement on Thursday.
The statement followed a decision by the Kuala Lumpur High Court on Wednesday to acquit four police officers accused of torturing Dharmendran to death in 2013 while in police custody. According to the judge, noted AI, the prosecution failed to prove the case against the four men beyond reasonable doubt.
“The Malaysian police continue to evade accountability, even for the most egregious violations,” said AI. “This is merely the latest in a series of horrific cases where the police have operated above the law, with no consequences for their actions.”
AI has also monitored other cases in Malaysia where the police have not been held accountable for deaths in custody.
Despite findings of police responsibility by the Coroner’s court in the cases of Karuna Nithi and C Sugumar, and the EAIC in the case of Syed Mohd Azlan Syed Nur, no one has been charged or held to account.
In April, the EAIC concluded that the same police officers from the Serious Crimes Division (D9), involved in earlier cases and acquitted on Wednesday, were also responsible for Dharmendran’s death by torture.
A pathologist’s report concluded that Dharmendran sustained 52 bruises on his body, as a result of excessive physical force being used, triggering an “acute massive loss of blood” and sending the victim into “hypovolemic shock.”
When the pathologist examined Dharmendran’s body, he found staple wounds on each ear.
“The photographs of Dharmendran’s body, which were shared by the EAIC investigators, chillingly testify to the torture he was subjected to,” said Benedict. “It is an absolute travesty that even with such overwhelming evidence, no one is held responsible and justice continues to be denied.”
Dharmendran was detained for attempted murder involving firearms and was remanded without the presence of a lawyer. He was kept in lockup for 10 days.
Four policemen were charged with the murder of Dharmendran on June 5, 2013.
On December 12, 2014, the High Court acquitted the four policemen from the murder charge.
On February 26 this year, the Appeals Court overturned the High Court’s acquittal of the policemen over Dharmendran’s murder and returned the case to the High Court.